This column is concerned with one specific kind of guarantee and one specific type of relief: Are these orders valid under the...

It goes without saying that COVID-19 has disrupted all facets of daily life. As any practicing attorney knows, the effect on t...

The extraordinary events of the last few months have affected millions of lives and the one thing that can restore more certai...

As employers today navigate complex issues that they had never imagined, there are more than a few myths circulating about the...

Previous articles indicate that if COVID-19 is a force majeure event, it is one like no other ever litigated: a worldwide pand...

This article discusses additional considerations related to COVID-19’s impact on credit agreements.

Last week, the U.S. Supreme Court unanimously reversed the 2nd Circuit’s application of res judicata to bar Lucky Brand’s asse...

The back log of family law cases in the superior court is severe, estimated at 32,000. Unfortunately, in many of these cases, ...

Last week, the 9th Circuit issued its decision in one of the biggest legal cases in the National Collegiate Athletic Associati...

The Supreme Court's latest Clean Water Act decision does not provide a clear answer for when discharges through groundwater re...

As someone who has written law review articles and drafted opinions for the California Supreme Court, I appreciated Justice Mi...

With the COVID-19 shutdowns resulting in millions of job layoffs, small business owners scrambled to apply for Paycheck Protec...

By confirming a property interest in employment and fraud as a basis of a public policy claim (albeit in the context of Penal ...

Legal fictions are problematic because we’re in the truth-finding business. These fictions are dangerous for judges, because ...

This is the fourth installment for the Daily Journal (following reviews of Louis Nizer’s The Jury Returns, John Kaplan’s and J...

As luck would have it, an urgent client matter required that I make an ex parte appearance at Stanley Mosk in the second week ...

As lawyers, we are trained to examine facts, uncertainty is unsettling. We are goal oriented, so future ambiguity is disturbin...

It’s a crazy time. You’re home with the kids. Your sister Roberta is taking care of mom half a state away and worries that mom...

First change came for doctors, then it came for therapists, lawyers and even litigators. Now that the U.S. Supreme Court is ho...

Are you comfortable, then, with Zoom? Because if you or your client are not, then it won’t work and another platform must be u...

In mediation, it is so easy to overtalk situations. You are an advocate; you have a lot to say; you have a righteous case. But...

The difficulty in resuming civil jury trials any time soon, coupled with the reluctance of many civil parties to consider sett...

Last month, the Court of Justice of the European Union issued a landmark decision concerning the liability of internet interme...

There is a potential fix, however. The state Legislature needs to take over. Lawmakers need to step up with legislation requir...

Apple and Google are releasing application interfaces this month that marshal a smartphone’s Bluetooth capability to trace a p...

An interesting question is whether a company may face liability under this statute (or based on common law theories) where one...

The U.S. Supreme Court has long observed that, of “the three great branches” of government — legislative, executive and judici...

Adding to the maze of federal and state coronavirus legislation, Gov. Gavin Newsom recently announced sought-after property ta...

Family law is built on resilience. The family law bar and bench helps parties’ transition into the next phase of their lives i...

Zervos v. Trump raises a constitutional issue of first impression: Whether the U.S. Constitution requires a state court to def...